Narrow Neck land update

A recent (3rd April)newspaper report implied that the Narrow Neck land should be sold because there are sections of the Hauraki Gulf Marine Park Act that allows land to be used for Treaty settlement.
Section 14 (and others) in the Hauraki Gulf Marine Park Act determine that “Nothing in this Act limits or affects the ability of any person to bring a claim … arising out of the application of the Treaty of Waitangi...

However, this sort of section is not unusual as similar ones abound in examples such as State-Owned Enterprises Act 1986, Conservation Act 1987, Crown Minerals Act 1991, Crown Forest Assets Act 1989, Crown Pastoral Land Act 1998, Education Act 1989, Environment Act 1986, Environmental Protection Authority Act 2011, Fisheries Act 1996, Marine and Coastal Area (Takutai Moana) Act 2011 to name but a very few.

Settlements are between the Crown and the particular Iwi and that reserves are often part of the agreement and community consultation is rarely if ever conducted because of the nature of such settlements. But, even though legal this action is unethical.

This case is unique in its history of community action, which led to a Bill being introduced into Parliament, a successful High Court action and a subsequent Act of Parliament designed to protect the potential of reserve status. The High Court determination of 1998 did not require that the land be set aside forever but it certainly informed the legislation and serves to illustrate the deep and strongly held desires of the community to determine that the complete headland be retained and/or vested as reserve.

My concern is not about the settlement per se, but it is an issue about private ownership and development of reserve land; the land is being removed from Reserve status by an Act of Parliament to enable it to be sold and is being offered to Ngati Whatua for purchase under commercial not cultural redress. This indicates that future intentions are for commercial development of this part of the reserve. It is reprehensible and inappropriate that such a change is being introduced without any formal consultation with the local board and / or community and the Auckland Council.